On January 7, 2010, the National Transportation Safety Board (NTSB) published a Final Rule amending its regulations concerning notification and reporting requirements for aircraft accidents or incidents. The Final Rule codifies the amendments that were originally proposed in an October 7, 2008 Notice of Proposed Rulemaking (NPRM). The NTSB believes the amendments contained in the Final Rule will improve aviation safety.
The Final Rule amends 49 CFR 830.5(a) to include several additional events that will require an aircraft operator to immediately report the event to the NTSB. The additional events include:
1. Failure of any internal turbine engine component that results in the escape of debris other than out the exhaust path;
2. Release of all or a portion of a propeller blade from an aircraft, excluding release caused solely by ground contact;
3. A complete loss of information, excluding flickering, from more than 50 percent of an aircraft’s cockpit displays, known as Electronic Flight Instrument System displays, Engine Indication and Crew Alerting System displays, Electronic Centralized Aircraft Monitor displays, or other such displays;
4. Airborne Collision Avoidance System (ACAS) resolution advisories issued either (1) when an aircraft is being operated on an instrument flight rules (IFR) flight plan and compliance with the advisory is necessary to avert a substantial risk of collision between two or more aircraft, or (2) to an aircraft operating in class A airspace;
5. Damage to helicopter tail or main rotor blades, including ground damage, that requires major repair or replacement of the blade(s); and
6. Any event in which an aircraft operated by an air carrier lands or departs on a taxiway, incorrect runway, or other area not designed as a runway, or experiences a runway incursion that requires the operator or the crew of another aircraft or vehicle to take immediate corrective action to avoid a collision.
The Final Rule became effective March 8, 2010. If you would like further information regarding the Final Rule, contact Deepak Joshi, Lead Aerospace Engineer (Structures), Office of Aviation Safety, 202-314-6348.
© Reigel Law Firm, Ltd.-Aero Legal Services 2010. All rights reserved.
EDITOR?S NOTE: Greg Reigel is an attorney with Reigel Law Firm, Ltd., a law firm located in Hopkins, Minnesota, which represents clients in aviation and business law matters (www.aerolegalservices.com, 952-238-1060, greigel@aerolegalservices.com).
